Article 82 : Payments and contributions with respect to the exploitation of the continental

shelf beyond 200 nautical mile

Under Article 82 of UNCLOS, the coastal state is obliged to make payment or

contribution in kind in respect of the exploitation of the non-living resources of the continental
shelf beyond 200 nautical miles. It is generally recognized that this provision represents a
compromise between a group of States which advocated their claims over their continental
shelves beyond 200 n.m. and an opposing group which attempted to limit the continental shelves
at 200n.m.1

The payment and contributions are to be made annually with respect to all production at a
site after the first five years of production of the site. For the sixth year, the rate of the
contribution is to be 1% of the value of production. The rate is to increase by 1% for each
subsequent year until the twelfth year and shall remain at 7% thereafter in conformity with
Article 82 (2). However, a developing State which is a net importer of a mineral resources
produced from its continental shelf is exempt from making such payment in respect of that
mineral resource by virtue of Article 82 (3).

Under Article 82 (4), the payment or contributions are to be made through the Authority.
The Authority is to distribute them to State Parties to the LOSC on the basis of equitable sharing
criteria, taking into consideration the interests and needs of developing States, particularly the
least developed and the land-locked among them. It may be said that the principle of the
common heritage of mankind counterbalances overexpansion of the exclusive interests of coastal
States. 2

*reference :

1
ILA, Report on Article 82 of the 1982 UN Convention on the Law of the Sea (UNCLOS), Rio De Janeiro Conference
(2008), p.2.
2
Oda, International Control, p. xxxii.
Artikel 82 :

-huraian 82 (1) : sebab negara perairan pantai perlu membuat bayaran

-huraian 82 (2) :- tempoh bayaran

- kadar bayaran
- kadar pertambahan peratus

-huraian 82 (3) : pengecualian terhadap negara yang menjadi pengimport sumber mineral dan
galian

-huraian 82 (4) : -cara bayaran

- kriteria pembahagian ekuiti

Rujukan :

The International Law of the Sea, Yoshifumi Tanaka.

Cases and Materials on International Law, Martin Dixon, Robert McCorquodale, Sarah Williams

ILA, Report on Article 82 of the 1982 UN Convention on the Law of the Sea (UNCLOS), Rio De
Janeiro Conference (2008), p.2.

Oda, International Control, p. xxxii.